On June 28, 2023 a
Order to Show Cause
was filed
involving a dispute between
People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York,
and
Abraham Operations Associates Llc Dba Beth Abraham Center For Rehabilitation And Nursing,
Aharon Lantzitsky,
Amir Abramchik,
Aron Gittleson,
Beth Rozenberg,
Bis Funding Capital Llc,
Centers For Care Llc Dba Centers Health Care,
Cfsc Downstate Llc,
Daryl Hagler,
David Greenberg,
Delaware Operations Associates Llc Dba Buffalo Center For Rehabilitation And Nursing,
Delaware Real Property Associates Llc,
Elliot Kahan,
Hollis Operating Co Llc Dba Holliswood Center For Rehabilitation And Healthcare,
Hollis Real Estate Co Llc,
Jeffrey Sicklick,
Jonathan Hagler,
Kenneth Rozenberg,
Leo Lerner,
Light Property Holdings Ii Associates Llc,
Mordechai Moti Hellman,
Reuven Kaufman,
Schnur Operations Associates Llc Dba Martine Center For Rehabilitation And Nursing,
Skilled Staffing Llc,
Sol Blumenfeld,
for Commercial - Other - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 451549/2023
PEOPLE OF THE STATE OF NEW YORK by LETITIA
JAMES, Attorney General of the State of New York, Commercial Division Part 60
Petitioner,
-against-
AFFIRMATION OF JOANNA E.
ABRAHAM OPERATIONS ASSOCIATES LLC d/b/a MENILLO IN SUPPORT OF
BETH ABRAHAM CENTER FOR REHABILITATION RESPONDENTS’
AND NURSING, DELAWARE OPERATIONS MEMORANDUM OF LAW IN
ASSOCIATES LLC d/b/a BUFFALO CENTER FOR OPPOSITION TO PETITIONER’S
REHABILITATION AND NURSING, HOLLIS MOTION FOR A PRELIMINARY
OPERATING CO., LLC d/b/a HOLLISWOOD CENTER INJUNCTION
FOR REHABILITATION AND HEALTHCARE,
SCHNUR OPERATIONS ASSOCIATES LLC d/b/a
MARTINE CENTER FOR REHABILITATION AND
NURSING, LIGHT PROPERTY HOLDINGS
ASSOCIATES LLC, DELAWARE REAL PROPERTY
ASSOCIATES LLC, HOLLIS REAL ESTATE CO., LLC,
LIGHT OPERATIONAL HOLDINGS ASSOCIATES
LLC, LIGHT PROPERTY HOLDINGS II ASSOCIATES
LLC, CENTERS FOR CARE LLC d/b/a CENTERS
HEALTH CARE, CFSC DOWNSTATE, LLC, BIS
FUNDING CAPITAL LLC, SKILLED STAFFING, LLC,
KENNETH ROZENBERG, DARYL HAGLER, BETH
ROZENBERG, JEFFREY SICKLICK, LEO LERNER,
REUVEN KAUFMAN, AMIR ABRAMCHIK, DAVID
GREENBERG, ELLIOT KAHAN, SOL BLUMENFELD,
ARON GITTLESON, AHARON LANTZITSKY,
JONATHAN HAGLER, and MORDECHAI “MOTI”
HELLMAN,
Respondents.
JOANNA E. MENILLO, hereby affirms under penalty of perjury that the following statements
are true and correct to the best of her knowledge, information, and belief:
1. I am an attorney admitted to practice in the State of New York and an associate at
Quinn Emanuel Urquhart & Sullivan, LLP, counsel to Abraham Operations Associates LLC d/b/a
1 of 4
FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023
Beth Abraham Center for Rehabilitation and Nursing (“Beth Abraham”), Delaware Operations
Associates LLC d/b/a Buffalo Center for Rehabilitation and Nursing (“Buffalo Center”), Hollis
Operating CO., LLC d/b/a Holliswood Center for Rehabilitation and Healthcare (“Holliswood
Center”), and Schnur Operations Associates LLC d/b/a Martine Center for Rehabilitation and
Nursing (“Martine Center”) in this matter. I make this affirmation in support of Respondents’
Memorandum of Law in Opposition to Petitioner, the Attorney General’s, Motion for a
Preliminary Injunction.
2. Attached as Exhibit A is a true and correct copy of an Advisory regarding Hospital
Discharges and Admissions to Nursing Homes from the DOH dated March 25, 2020.
3. Attached as Exhibit B is a true and correct copy of Executive Order No. 4 Declaring
a Statewide Disaster Emergency Due to Healthcare Staffing Shortages in the State of New York,
signed by Governor Kathy Hochul dated September 27, 2021.
4. Attached as Exhibit C is a true and correct copy of a May 2021 DOH Survey and
Statement of Deficiencies concerning Buffalo Center.
5. Attached as Exhibit D is a true and correct copy of an April 2022 DOH Survey
concerning Buffalo Center.
6. Attached as Exhibit E is a true and correct copy of Executive Order No. 4.4
Continuing the Declaration of a Statewide Disaster Emergency Due to Healthcare Staffing
Shortages in the State of New York, signed by Governor Kathy Hochul dated June 8, 2023.
7. Attached as Exhibit F is a true and correct copy of the a notification by the New
York Department of Health (“DOH”) regarding DAL NH 23-11 Requirement Minimum Nursing
Staffing for All Nursing Homes dated June 30, 2023.
2
2 of 4
FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023
8. Attached as Exhibit G is a true and correct copy of powerpoint deck from the DOH
concerning Nursing Home Staffing Standards - Public Health Law § 2895-b & 10
NYCRR § 415.13, Minimum Staffing Level Compliance Reviews.
9. Attached as Exhibit H is a true and correct copy of the transcript from the June 30,
2023 conference before the Court.
Dated: White Plains, New York
July 9, 2009
Joanna E. Menillo
Quinn Emanuel Urquhart & Sullivan, LLP
21 Madison Avenue, 22nd Floor
New York, New York 10010
(212) 849-7000
Joannamenillo@quinnemanuel.com
Attorneys for Respondents Beth Abraham,
Buffalo Center, Holliswood, and Martine Center
3
3 of 4
FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023
CERTIFICATE OF COMPLIANCE WITH 22 NYCRR 202.8-b
This document complies with the word limit of Uniform Civil Rules for the Supreme
Court and the County Court (22 NYCRR) § 202.8-b because, excluding parts of the document
exempted by that rule, the document contains 390 words.
Dated: White Plains, New York
July 9, 2023
Respectfully submitted,
QUINN EMANUEL URQUHART & SULLIVAN,
LLP
By:_________________________________
Joanna E. Menillo
51 Madison Avenue, 22nd Floor
New York, NY 10010
(212) 849-7000
Attorneys for Respondents Beth Abraham,
Buffalo Center, Holliswood Center, and
Martine Center
4
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 451549/2023 PEOPLE OF THE STATE OF NEW YORK by LETITIA JAMES, Attorney General of the State of New York, Commercial Division Part 60 Petitioner, -against- AFFIRMATION OF JOANNA E. ABRAHAM OPERATIONS ASSOCIATES LLC d/b/a MENILLO IN SUPPORT OF BETH ABRAHAM CENTER FOR REHABILITATION RESPONDENTS’ AND NURSING, DELAWARE OPERATIONS MEMORANDUM OF LAW IN ASSOCIATES LLC d/b/a BUFFALO CENTER FOR OPPOSITION TO PETITIONER’S REHABILITATION AND NURSING, HOLLIS MOTION FOR A PRELIMINARY OPERATING CO., LLC d/b/a HOLLISWOOD CENTER INJUNCTION FOR REHABILITATION AND HEALTHCARE, SCHNUR OPERATIONS ASSOCIATES LLC d/b/a MARTINE CENTER FOR REHABILITATION AND NURSING, LIGHT PROPERTY HOLDINGS ASSOCIATES LLC, DELAWARE REAL PROPERTY ASSOCIATES LLC, HOLLIS REAL ESTATE CO., LLC, LIGHT OPERATIONAL HOLDINGS ASSOCIATES LLC, LIGHT PROPERTY HOLDINGS II ASSOCIATES LLC, CENTERS FOR CARE LLC d/b/a CENTERS HEALTH CARE, CFSC DOWNSTATE, LLC, BIS FUNDING CAPITAL LLC, SKILLED STAFFING, LLC, KENNETH ROZENBERG, DARYL HAGLER, BETH ROZENBERG, JEFFREY SICKLICK, LEO LERNER, REUVEN KAUFMAN, AMIR ABRAMCHIK, DAVID GREENBERG, ELLIOT KAHAN, SOL BLUMENFELD, ARON GITTLESON, AHARON LANTZITSKY, JONATHAN HAGLER, and MORDECHAI “MOTI” HELLMAN, Respondents. JOANNA E. MENILLO, hereby affirms under penalty of perjury that the following statements are true and correct to the best of her knowledge, information, and belief: 1. I am an attorney admitted to practice in the State of New York and an associate at Quinn Emanuel Urquhart & Sullivan, LLP, counsel to Abraham Operations Associates LLC d/b/a 1 of 4 FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023 Beth Abraham Center for Rehabilitation and Nursing (“Beth Abraham”), Delaware Operations Associates LLC d/b/a Buffalo Center for Rehabilitation and Nursing (“Buffalo Center”), Hollis Operating CO., LLC d/b/a Holliswood Center for Rehabilitation and Healthcare (“Holliswood Center”), and Schnur Operations Associates LLC d/b/a Martine Center for Rehabilitation and Nursing (“Martine Center”) in this matter. I make this affirmation in support of Respondents’ Memorandum of Law in Opposition to Petitioner, the Attorney General’s, Motion for a Preliminary Injunction. 2. Attached as Exhibit A is a true and correct copy of an Advisory regarding Hospital Discharges and Admissions to Nursing Homes from the DOH dated March 25, 2020. 3. Attached as Exhibit B is a true and correct copy of Executive Order No. 4 Declaring a Statewide Disaster Emergency Due to Healthcare Staffing Shortages in the State of New York, signed by Governor Kathy Hochul dated September 27, 2021. 4. Attached as Exhibit C is a true and correct copy of a May 2021 DOH Survey and Statement of Deficiencies concerning Buffalo Center. 5. Attached as Exhibit D is a true and correct copy of an April 2022 DOH Survey concerning Buffalo Center. 6. Attached as Exhibit E is a true and correct copy of Executive Order No. 4.4 Continuing the Declaration of a Statewide Disaster Emergency Due to Healthcare Staffing Shortages in the State of New York, signed by Governor Kathy Hochul dated June 8, 2023. 7. Attached as Exhibit F is a true and correct copy of the a notification by the New York Department of Health (“DOH”) regarding DAL NH 23-11 Requirement Minimum Nursing Staffing for All Nursing Homes dated June 30, 2023. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023 8. Attached as Exhibit G is a true and correct copy of powerpoint deck from the DOH concerning Nursing Home Staffing Standards - Public Health Law § 2895-b & 10 NYCRR § 415.13, Minimum Staffing Level Compliance Reviews. 9. Attached as Exhibit H is a true and correct copy of the transcript from the June 30, 2023 conference before the Court. Dated: White Plains, New York July 9, 2009 Joanna E. Menillo Quinn Emanuel Urquhart & Sullivan, LLP 21 Madison Avenue, 22nd Floor New York, New York 10010 (212) 849-7000 Joannamenillo@quinnemanuel.com Attorneys for Respondents Beth Abraham, Buffalo Center, Holliswood, and Martine Center 3 3 of 4 FILED: NEW YORK COUNTY CLERK 07/09/2023 04:48 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 693 RECEIVED NYSCEF: 07/09/2023 CERTIFICATE OF COMPLIANCE WITH 22 NYCRR 202.8-b This document complies with the word limit of Uniform Civil Rules for the Supreme Court and the County Court (22 NYCRR) § 202.8-b because, excluding parts of the document exempted by that rule, the document contains 390 words. Dated: White Plains, New York July 9, 2023 Respectfully submitted, QUINN EMANUEL URQUHART & SULLIVAN, LLP By:_________________________________ Joanna E. Menillo 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7000 Attorneys for Respondents Beth Abraham, Buffalo Center, Holliswood Center, and Martine Center 4 4 of 4